DocketNumber: No. 16,987
Citation Numbers: 127 Colo. 97, 253 P.2d 965
Judges: Moore
Filed Date: 2/16/1953
Status: Precedential
Modified Date: 9/7/2022
delivered the opinion of the court.
This is an action brought by the mother and sole heir-at-law of one Charles A. Kelty, deceased. It is alleged in the complaint that said Kelty came to his death as a result of the negligence of defendant Swinney,# and her prayer is for $10,000.00 damages for the alleged wrongful death.
The trial court granted a motion for dismissal which was interposed by counsel for defendant at the conclusion of plaintiff’s evidence. The sole question involved on this review is whether there was sufficient evidence presented by plaintiff to warrant submission of the case to the jury for determination.
At the time of the accident which caused the death of which complaint is made, Swinney was the driver of a truck which was loaded with grain. Several persons were engaged in the operation of unloading trucks and placing the grain in a granary. In this process truck drivers would back the loaded trucks to the solid granite wall of the granary and an auger would be lowered into the grain from a window in the' upper portion of the building. An “A-frame,” which supported the auger, would be removed at the rear of the truck in order that it might operate, and when a truck was unloaded the “A-frame” would be replaced.
Immediately before the fatal accident, the brother of
The trial court in its findings held that plaintiff had established no negligence on the part of defendant, and that even had such negligence been shown there was proven as a matter of law contributory negligence on the part of deceased, and the action was dismissed on motion of defendant’s counsel.
We have read and carefully considered the entire record and hold that the trial court was right in reaching the conclusions set forth in its findings; accordingly, the judgment is affirmed.